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Question Assumes Facts not in Evidence

Raising the Objection

In a personal injury lawsuit such as medical malpractice case, accident case, or even a wrongful death case the defense attorney can jump up during the trial, yell out an objection, and provide the reason that question assumes facts not in evidence. The defense lawyer does not like the way the question was asked of a particular witness by the plaintiff’s lawyer.

By raising this objection, the defense is trying to say that the question is hypothetical and it assumes certain facts to be true. The witness is being asked to agree or disagree with a statement that is based on certain facts. The defense does not like the facts that are being raised by the plaintiff’s attorney because they are not in evidence.

The other Attorney will be Given a Chance to Explain

In instances where the defense raises such an objection, the judge will usually give the plaintiff’s lawyer the opportunity to explain why he believes those facts are in evidence, or they may be coming into evidence through another witness’s testimony, or those facts might have come in through pre-trial testimony that will be entered into evidence later on. In many instances, the judge will allow the witness to answer the question based upon the hypothetical question asked by the attorney.

Additionally, in all likelihood the judge will also give the jury certain instructions. For instance, the judge will say, “Ladies and gentlemen of the jury, you have heard a hypothetical question, which means the attorney is asking the witness to assume certain facts to be true. If you find that those facts are true, then you are permitted to give that witness’s testimony whatever weight you believe it deserves. However, if you find those facts to be untrue, then obviously you are permitted to disregard that witness’s testimony”.

A Valid Objection

The objection of question assumes facts not in evidence is a valid one, and can be raised by either attorney, when he is asking hypothetical questions to a witness based upon certain facts that have not yet been presented as evidence in the trial. There could be different reasons for these facts not to be in evidence, and judge will give the attorney the opportunity to explain the reason in order to counter the objection.

If the lawyer says that such facts will be presented as evidence later during the course of the trial, then the judge might allow such a line of questioning. However, the judge will still instruct the jury about the matter, and tell them to disregard the witness’s testimony in case these facts are not presented into evidence later.

The judge might also sustain the objection of question assumes facts into evidence, if he feels that such facts are not going to be presented, or such facts are going to be disallowed to be presented as evidence later during the trial. Therefore, this objection might be sustained or overruled, and it will mainly depend on the explanation given by the attorney.

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April JohnsonApril Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin RousseyBenjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto MartinezRoberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio OchoaJulio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha NeriAisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki RAoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael LevitesMichael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..